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Profile Picture

Jeffrey L. Steiner

Jeffrey
Steiner

Partner

CONTACT INFO

jsteiner@gibsondunn.com

TEL:+1 202.887.3632

FAX:+1 202.530.9634

Washington, D.C.

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306 USA

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PRACTICE

Financial Institutions Derivatives Energy Energy, Regulation and Litigation Environmental, Social and Governance (ESG) Global Financial Regulatory Investment Funds Public Policy Securities Regulation and Corporate Governance

BIOGRAPHY

Jeffrey L. Steiner is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is Chair of the firm’s Derivatives practice group and Co-Chair of the firm’s Global Financial Regulatory practice group.  Mr. Steiner is also the co-lead to the firm’s Digital Assets and Blockchain Technology team and a member of the firm’s Financial Institutions, Energy, Regulation and Litigation, Investment Funds and Public Policy practice groups.  Mr. Steiner advises a range of clients, including commercial end-users, financial institutions, dealers, hedge funds, private equity funds, clearinghouses, industry groups and trade associations on regulatory, legislative, enforcement and transactional matters related to OTC and listed derivatives, commodities and securities. He frequently assists clients with compliance and implementation issues relating to the Dodd-Frank Act, the rules of the Commodity Futures Trading Commission (CFTC), the Securities and Exchange Commission (SEC), the National Futures Association and the prudential banking regulators. He also helps clients to navigate through cross-border issues resulting from global derivatives requirements, including those resulting from the Dodd-Frank Act, the European Market Infrastructure Regulation (EMIR), the Markets in Financial Instruments Directive II (MiFID II) and the rules of other jurisdictions.

Mr. Steiner also advises a range of clients on issues related to digital assets, cryptocurrencies, non-fungible tokens (NFTs) and distributed ledger technology, including analyzing and advising on regulatory and enforcement matters relating to their application and use. He regularly works with clients on structuring products involving the use of digital assets and the application of blockchain technology, including digital token issuances and cryptocurrency trading. He also analyzes the cross-border impacts relating to clients’ use of digital currencies and blockchain technology.

Mr. Steiner has been named a 2018 Cryptocurrency, Blockchain and Fintech Trailblazer by The National Law Journal. Additionally, Chambers Global: The World’s Leading Lawyers for Business 2021 has again ranked Mr. Steiner as an international leading lawyer for his work in derivatives.  Chambers and Partners has also ranked Mr. Steiner as a leading derivatives lawyer in its Chambers USA: America’s Leading Lawyers for Business Guide from 2014-2021 and also ranked him on the Derivatives Regulatory Spotlight Table.

Prior to joining Gibson, Dunn & Crutcher, Mr. Steiner was special counsel in the Division of Market Oversight at the CFTC where he handled issues relating to trading and execution of futures and swaps, designated contract markets (DCMs), market maker and incentive programs, exempt markets, reporting, swap data repositories (SDRs) and off-exchange derivatives transactions (block trades, EFRPs). He served as team lead for the Real-Time Public Reporting of Swap Transaction Data rulemaking team for both the proposed and final rules, both of which he presented before the CFTC for public vote. While at the CFTC, he also worked on resolving and advising on issues relating to Title VII of the Dodd Frank Act, including reporting, trading and execution in all asset classes (i.e., interest rates, credit, FX, equity and other commodity), SDRs, swap execution facilities (SEFs), block trades and extraterritoriality. Prior to being a special counsel at the CFTC, he served as an attorney-advisor in the CFTC’s Division of Market Oversight from 2009 – 2010.  Mr. Steiner began his career in private law practice where he focused on representing clients on OTC derivatives, futures and commodities related matters, capital markets transactions and hedge fund formation.

Mr. Steiner is a frequent speaker and author on issues relating to derivatives, the CFTC, digital assets and blockchain technology. He graduated from Tulane Law School in 2004. While at Tulane Law School, he served as a Business Editor of the Tulane Environmental Law Journal. Mr. Steiner received his B.B.A. in 2001 from Emory University’s Goizueta Business School.

 

Recent Speaking Engagements

  • Speaker, “Market Infrastructure” at the ABA Futures & Derivatives Subcommittee Virtual Winter Meeting (Jan. 24, 2021)
  • Speaker, “Trading Desk Issues” at the Futures and Derivatives Association’s Law & Compliance Virtual Conference (October 8, 2020)
  • Speaker, “The Legal & Regulatory Framework – An International Perspective” at the ISDA Legal Technology and the Future of Derivatives Conference in New York, NY (November 20, 2019)
  • Speaker, “Uncleared Swaps: No “Margin” for Error” at the Futures Industry Association’s 41st Annual Law & Compliance Conference in Washington, DC (May 10, 2019)
  • Speaker, “Lawyers and Technology:  Supporting Innovation While Managing Legal Risk” at the ISDA Symposium – Smart Derivatives Contracts – The Future of Derivatives Documentation and the Legal Implications in New York, NY (March 6, 2019)
  • Speaker, “Regulatory and Political Overview of Derivatives and Blockchain” at the European Association of Corporate Treasurers’ and International Group of Treasury Associations’ Joint Annual Meeting in Prague, Czech Republic (September 15, 2018)
  • Panelist, “Supervise This!” at the Futures Industry Association’s 40th Annual Law & Compliance Conference in Washington, DC (May 2, 2018)
  • Panelist, “Ensuring Federal Regulatory Compliance During the FinTech Revolution” at the American Conference Institute’s FinTech and Emerging Payment Systems Conference in New York, NY (April 30, 2018)
  • Speaker, “Regulatory and Political Overview of Derivatives and Blockchain ” at the European Association of Corporate Treasurers’ and International Group of Treasury Associations’ Joint Annual Meeting in Berlin, Germany (September 16, 2017)
  • Speaker, “Oversight of Commodity Derivatives Markets in the US” at International Swaps and Derivatives Association conference in New York, NY (September 27, 2016)
  • Speaker, “Regulatory and Political Overview of Derivatives” at the European Association of Corporate Treasurers’ and International Group of Treasury Associations’ Joint Annual Meeting in Dublin, Ireland (September 17, 2016)
  • Panelist, “Virtual Currencies” at Gibson Dunn Webcast (April 14, 2015)
  • Speaker, “Scrutiny Over SEF Rules: CFTC Commissioner Giancarlo’s Whitepaper” at DerivSource Podcast (March 4, 2015)
  • Moderator, “Operational Issues and Concerns for Derivatives End-Users” at the Coalition for Derivatives End-Users Summit in Washington, DC (February 26, 2015)
  • Panelist, “Financial and Non-Financial End Users” at the American Bar Association Business Law Section Derivatives and Futures Law Committee Winter Meeting in Naples, FL (January 22, 2015)
  • Speaker, “Derivatives Regulation” at the Conference Board’s Council of Corporate Treasurers Meeting in Washington, DC (September 30, 2014)
  • Panelist, “Financial and Non-Financial End Users” at the American Bar Association Business Law Section Derivatives and Futures Law Committee Winter Meeting in Naples, FL (February 6, 2014)
  • Speaker, “Title VII of the Dodd-Frank Act: Regulatory & Legislative Update” at the CPE, Inc. Dodd-Frank Conference 2013:  A Practical Guide for Corporates & Financial Institutions (June 12, 2013)
  • Moderator, “Swap Dealer Perspective – What do end-users need to know?” at the Edison Electric Institute’s CFTC Dodd-Frank Compliance Forum in Washington, DC (December 10, 2012)
  • Presenter, “SEFCON III Wrap-up:  So, what did we learn today?” at the 2012 SEFCON III (Swap Execution Facility Conference) in New York, NY (November 12, 2012)
  • Panelist, “Putting Together a Recordkeeping and Reporting Compliance Plan,” at the Edison Electric Institute’s Dodd-Frank Compliance Forum in Washington, DC (June 25, 2012)
  • Panelist, “Dodd-Frank Reporting Rules,” at the ISDA Symposium – Dodd-Frank Transaction Reporting:  Are You Ready? in New York, NY (June 7, 2012)
  • Panelist, “The Nuts and Bolts of Reporting and Recordkeeping,” at The Futures Industry Association & Law & Compliance Division Spring Conference in Baltimore, MD (May 11, 2012)

EDUCATION

Tulane University - 2004 Juris Doctor

Emory University - 2001 B.A. Business Administration

ADMISSIONS

District of Columbia Bar

Maryland Bar

RECENT PUBLICATIONS

Client Alert - March 10, 2022 | The Biden Administration’s Digital Assets Executive Order and Its Implications
Webcasts - December 9, 2021 | Webcast: What’s Next: Spoofing and Manipulation in Commodities and Derivatives Markets
Webcasts - December 2, 2021 | Webcast: Global Regulatory Developments and What to Expect Across the Globe (Asia Pacific)
Webcasts - November 30, 2021 | Webcast: Global Regulatory Developments and What to Expect Across the Globe (US/UK/EU)
Client Alert - November 18, 2021 | Infrastructure Bill’s New Reporting Requirements May Have Sweeping Implications for Cryptocurrency Ecosystem
Client Alert - November 4, 2021 | Bank Regulation for Stablecoins – President’s Working Group on Financial Markets Issues Stablecoin Report
Client Alert - October 20, 2021 | Digital Asset Developments: U.S. Commodity Futures Trading Commission Asserts That Tether Is a Commodity
Client Alert - August 5, 2021 | Gibson Dunn Launches Global Financial Regulatory Practice
Client Alert - June 14, 2021 | The Discontinuation of IBORs and Its Impact on Islamic and UAE Transactions
Webcasts - May 5, 2021 | Webcast: Carbon Markets: What We Know and What to Expect
Client Alert - April 19, 2021 | Media, Entertainment and Technology Litigation Update – Non-Fungible Tokens (NFTs) – April 2021
Client Alert - April 8, 2021 | New York Adopts LIBOR Legislation
Client Alert - March 9, 2021 | The End Is Near: LIBOR Cessation Dates Formally Announced
Client Alert - February 24, 2021 | Cryptocurrency Developments: Office of Foreign Assets Control’s Recent Enforcement Cases Against Digital Asset Firms
Client Alert - February 16, 2021 | The Biden Administration: New Priorities in the Banking, Fintech and Derivatives Sectors
Client Alert - January 25, 2021 | Virtual Currency/Fintech Update: OCC Approves Anchorage Trust’s Charter Conversion and Expands the General Fiduciary Powers of National Banks
Client Alert - January 20, 2021 | What the CFTC’s Settlement with Vitol Inc. Portends about Enforcement Trends
Client Alert - January 19, 2021 | 2020 Year-End Securities Enforcement Update
Article - January 8, 2021 | Financial Policy in the Incoming Biden Administration: What Can We Expect?
Client Alert - December 1, 2020 | Proposal to Publish LIBOR Beyond 2021
Client Alert - November 30, 2020 | CFTC Division of Enforcement Issues New Guidance Regarding the Recognition of Cooperation, Self-Reporting, and Remediation in Enforcement Orders
Webcasts - November 9, 2020 | Webcast: Spoofing: What it is, where it’s going
Client Alert - September 29, 2020 | Cryptocurrency Developments: Comptroller of the Currency Affirms That National Banks May Hold Stablecoin Reserves
Client Alert - June 12, 2020 | European Market Infrastructure Regulation for Derivatives End-Users – A Shift in Responsibility for Reporting
Client Alert - March 2, 2020 | CFTC Issues Proposed Rule on Speculative Position Limits on Derivatives
Client Alert - January 14, 2020 | CFTC Divisions Release No-Action Relief Related to LIBOR Transition: Summary and Analysis
Client Alert - December 10, 2019 | Brexit – Reporting of Derivatives under EMIR
Client Alert - October 15, 2019 | Treasury Releases Guidance on the Transition from LIBOR to Other Reference Rates
Client Alert - October 10, 2019 | IRS Releases Guidance on Taxation of Virtual Currencies
Client Alert - June 5, 2019 | EMIR Refit Enters into Force on June 17, 2019 – Impacts and Action Items for End-Users
Client Alert - May 16, 2019 | Impact of CFTC’s Proposed Amendments to Swap Data Reporting Requirements on Reporting and Non-Reporting Counterparties
Client Alert - December 7, 2018 | Derivatives End-User’s Guide to the QFC Resolution Stay Requirements
Client Alert - October 11, 2018 | Financing Arrangements and Documentation: Considerations Ahead of Brexit
Client Alert - October 5, 2018 | OFAC Issues Economic Sanctions Guidance on Digital Currencies
Client Alert - September 27, 2018 | New York Office of the Attorney General Publishes Report on Virtual Currency Platforms and Their Potential Risks
Firm News - September 10, 2018 | Jeffrey Steiner Named a Cryptocurrency, Blockchain and Fintech Trailblazer
Client Alert - August 6, 2018 | The U.S. Office of the Comptroller of the Currency Will Permit Special Purpose National Bank Charters for Fintech Firms
Webcasts - June 27, 2018 | Webcast: Developments in Virtual Currency Law and Regulation
Client Alert - May 15, 2018 | CFTC Chairman and Chief Economist Co-Author “Swaps Reg Reform 2.0”
Client Alert - November 14, 2017 | U.S. Treasury’s Capital Markets Report Gives Market Regulators Green Light to Streamline Derivatives Regulations
Client Alert - October 27, 2017 | Ready? Set? Harmonize. The CFTC and EC Announce Two Actions to Harmonize Their Derivatives Regulations
Client Alert - May 10, 2017 | House Financial Services Committee Financial Choice Act 2.0: Key Banking, Derivatives and Rulemaking Reforms
Client Alert - April 28, 2017 | The Commodities Activities of Banks: Comments on the Federal Reserve’s Notice of Proposed Rulemaking Reveal Key Concerns and Divides
Article - April 20, 2017 | Trump Administration’s Fintech policy remains unclear
Article - March 1, 2017 | Renewed Focus on Routes to Going Public
Client Alert - February 6, 2017 | President Trump Issues Executive Order on Financial Regulation, and Memorandum on Department of Labor Fiduciary Rule
Article - January 11, 2017 | Financial Agenda on Deck at House
Client Alert - November 22, 2016 | FERC Anti-Market Manipulation Update
Client Alert - November 14, 2016 | Financial Regulatory Reform Under a Trump Presidency: What We Know and What to Expect
Article - November 1, 2016 | Legal Implications of Expanded Use of Blockchain Technology
Client Alert - October 3, 2016 | ESMA Proposal Sets the Stage for Mandatory Trade Execution Requirements in Europe
Client Alert - September 29, 2016 | The Federal Reserve’s Commodities Proposal: Safety and Soundness Regulation, or an Indirect Prohibition?
Article - September 7, 2016 | Cryptocurrencies Muddy Money Laundering Law
Article - September 7, 2016 | Developments and Trends in CFTC Enforcement
Client Alert - June 29, 2016 | BREXIT Update – Finance and Derivatives Markets Focus
Client Alert - May 17, 2016 | CFTC Proposal Sparks Controversy by Permitting Private Lawsuits in FERC-regulated Electricity Markets
Client Alert - April 13, 2016 | Recent Developments in CFTC Enforcement
Client Alert - February 17, 2016 | Good News on International Harmonization: CFTC and European Commission Strike Agreement on Equivalence for CCPs
Client Alert - February 9, 2016 | The Final Margin Framework for Uncleared Swap Transactions
Webcasts - November 17, 2015 | Webcast: Blockchain Technology
Client Alert - October 22, 2015 | Dodd-Frank 2.0: The Clinton Program for Financial Regulation
Client Alert - August 19, 2015 | Mandatory Clearing Makes Its Way to Europe: European Commission Adopts New Rules Requiring Clearing for OTC Interest Rate Derivatives
Article - June 4, 2015 | BitLicense Regulations Create Groundbreaking Hurdles
Client Alert - May 27, 2015 | Virtual Currency Regulation and Enforcement: Granting of First NY Charter and FinCEN Fine Demonstrate Continued Evolution for Virtual Currency Sector
Client Alert - April 8, 2015 | U.S. SEC Implements Dodd-Frank Act Title VII: Reporting and Public Dissemination Rules for Security-Based Swaps
Article - March 31, 2015 | Blockchain Technology and Legal Implications of ‘Crypto 2.0’
Webcasts - March 10, 2015 | Webcast: Virtual Currencies
Client Alert - February 11, 2015 | BitLicense 2.0: New York Moves Closer to Comprehensive Virtual Currency Regulation
Article - February 5, 2015 | CFTC Actions The Energy Industry Should Look For In 2015
Article - January 30, 2015 | Bitcoin Basics: a Primer on Virtual Currencies
Client Alert - January 5, 2015 | Developments in Virtual Currency: Regulation and Enforcement Actions Gain Momentum
Webcasts - November 13, 2014 | Webcast – Energy Derivatives: Effectively Navigating Dodd-Frank Compliance and Implementation Challenges
Client Alert - September 10, 2014 | The New Standard in Bitcoin Regulation?  New York’s Proposed BitLicense Would Create a Highly Regulated Virtual Currency Industry
Client Alert - July 29, 2014 | When Supply Contracts are Considered Swaps: The Effects of the CFTC’s Interpretation of Embedded Volumetric Optionality on Derivatives End-Users
Client Alert - April 28, 2014 | The Commodities Activities of Banks: Comments on the Federal Reserve’s Advance Notice of Proposed Rulemaking
Client Alert - January 29, 2014 | Are You Ready to Report? European Market Infrastructure Regulation (EMIR) Derivatives Reporting Obligation Becomes Effective on February 12, 2014
Client Alert - June 17, 2013 | Public Companies and the “End-User Exception” for Swaps: Governance Action Items
Client Alert - April 22, 2013 | Expanded Authority, Increasing Numbers and Record Fines: The Changing Landscape of the CFTC’s Enforcement Actions
Client Alert - March 15, 2013 | Principal Obligations Under European Market Infrastructure Regulation, Effective Immediately
Client Alert - January 23, 2013 | CFTC’s Final Exemptive Order and Further Proposed Guidance on Cross-Border Swaps
Client Alert - August 3, 2012 | Impact and Analysis of the CFTC’s Final Rule Relating to the End-User Exception to the Clearing Requirement for Swaps
Client Alert - May 16, 2012 | Dodd-Frank Act Implementation: Impact of Title VII and Related CFTC and SEC Regulations on Derivatives End-Users
Client Alert - March 23, 2012 | CFTC Adopts Final Rules Implementing Real-time Public Reporting of Swap Data and Re-Proposes Rules Relating to Block Trades
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